denial

denial
A traverse in the pleading of one party of an allegation of fact asserted by the other; a defense. A response by the defendant to matters) alleged by the plaintiff in the complaint.
Under Rules of Civil Procedure, denials must be specific and directed at the particular allegations controverted.
Denials may be made in part (i.e., specific denial) or in whole (i.e., general denial), but in the main should be specific and "fairly meet the substance of the averments denied." Fed.R. Civil P. 8(b). Averments in pleadings to which a responsive pleading is required are admitted unless denied. Rule 8(d).
@ general denial
@ specific denial
@ general and specific denial
General and specific denial.
In code pleading, a general denial is one which puts in issue all the material averments of the complaint or petition, and permits the defendant to prove any and all facts tending to negative those averments or any of them. A specific denial is a separate denial applicable to one particular allegation of the complaint. An answer by way of a general denial is the equivalent of, and substitute for, the general issue under the common-law system of pleading. It gives to the defendant the same right to require the plaintiff to establish by proof all the material facts necessary to show his right to a recovery as was given by that plea
In respect of general denial See also general plea
@

Black's law dictionary. . 1990.

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Synonyms:
, , / , , , / (to grant a request)


Look at other dictionaries:

  • denial — de·ni·al /di nī əl/ n 1: refusal to grant or allow something denial of due process denial of a motion 2 a: an assertion that an allegation is false b: a defense asserting that an opposing party s allegations are false compare …   Law dictionary

  • Denial — Single par Sugababes extrait de l’album Change Face A Denial Face B Hey There Delilah [Radio 1 Live Lounge] Sortie …   Wikipédia en Français

  • Denial — De*ni al, n. [See {Deny}.] 1. The act of gainsaying, refusing, or disowning; negation; the contrary of {affirmation}. [1913 Webster] You ought to converse with so much sincerity that your bare affirmation or denial may be sufficient. Bp.… …   The Collaborative International Dictionary of English

  • denial — [dē nī′əl, dinī′əl] n. 1. the act of denying; a saying “no” (to a request, demand, etc.) 2. a statement in opposition to another; contradiction [the denial of a rumor] 3. the act of disowning; repudiation [the denial of one s family] 4. a refusal …   English World dictionary

  • denial — 1520s; see DENY (Cf. deny) + AL (Cf. al) (2). Replaced earlier denyance (mid 15c.). Meaning unconscious suppression of painful or embarrassing feelings first attested 1914 in A.A. Brill s translation of Freud s Psychopathology of Everyday Life ;… …   Etymology dictionary

  • denial — [n] dismissal, refusal of belief in statement abnegation, abstaining, adjuration, brush off, cold shoulder*, contradiction, controversion, declination, disallowance, disapproval, disavowal, disclaimer, dismissing, disproof, dissent, forswearing,… …   New thesaurus

  • denial — ► NOUN 1) the action of denying. 2) Psychology refusal to acknowledge an unacceptable truth or emotion …   English terms dictionary

  • Denial — For the politics of science/history and public policy, see Denialism. For other uses, see Denial (disambiguation). Denial (also called abnegation) is a defense mechanism postulated by Sigmund Freud, in which a person is faced with a fact that is… …   Wikipedia

  • denial — A traverse in the pleading of one party of an allegation of fact asserted by the other; a defense. A response by the defendant to matters) alleged by the plaintiff in the complaint. Under Rules of Civil Procedure, denials must be specific and… …   Black's law dictionary

  • denial — noun ADJECTIVE ▪ firm (esp. BrE), strong, vehement, vigorous ▪ When I asked if she had cheated in the exam, she answered with a vehement denial. ▪ explicit, flat …   Collocations dictionary

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